Mr Holt said the woman identified Bayley from a photograph on Facebook after he was charged with the rape and murder of Ms Meagher in September 2012. He said the prosecution in that trial gave significant weight to the victim's identification of Bayley, which he proposed was problematic because of the time frame between the attack and identification, plus Bayley's notoriety at the time.

Mr Holt said there was no suggestion that the victim had lied or had intentionally misled anyone, however he added that "real care needs to be taken" in identifying people, especially after a significant period of time. The Facebook photo of Bayley the victim first saw was taken 11 years after she was attacked, Mr Holt said. The victim also identified Bayley from a photo board.

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Crown prosecutor Sally Flynn dismissed the argument, saying the photo board presented, which included pictures of other men with similar physical attributes, was "very fair", which Justice Weinberg agreed with.

Bayley was found guilty of raping three women in separate incidents in 2000 and 2012. He is appealing convictions of rape, common assault, false imprisonment, threatening to kill and indecent assault. He also argued that his 43 year non-parole period is "manifestly excessive".

He was not in court.

In the Crown's submission against the appeal, it states that Bayley's crimes were "extremely serious", that he had targeted vulnerable women and did not show any remorse.

His long prior criminal history and poor prospect for rehabilitation should also be considered, the submission stated.

As part of the defence's submission, Mr Holt also raised the issue of whether Bayley was in fact the owner of the red 1974 Mini Minor, where the attack took place. The woman said during Bayley's 2015 trial that the car she was attacked in had a glove box, which she remembered because it was stuffed full of condoms, which she thought was odd. Mr Holt said Bayley's vehicle did not have a glove box but an open shelf.

The second appeal concerns Bayley's conviction for the rape of a Dutch backpacker in 2012, who was lured into a car after being told that another driver was following her. Like the case from 2000, the victim later identified Bayley from a photo board.

Bayley took Legal Aid to court last year after it rejected his application to receive further free legal support for his planned appeals. Mr Holt argued that two of the rape convictions were legally flawed and there was a strong chance they would be overturned on appeal.

However, a second independent review of Legal Aid's on Bayley's convictions sentences confirmed the original decision to deny him further taxpayer-funded support.